Non-Molestation Orders in UK Family Law: Protection Against Domestic Abuse

If you're experiencing domestic abuse, harassment, or threats from a current or former partner or family member, a Non-Molestation Order can provide vital legal protection. However, these orders are not appropriate for every situation and there are strict requirements to apply. It’s important to seek legal advice to determine whether this step is necessary and proportionate based on your circumstances.

What is a Non-Molestation Order?

A Non-Molestation Order is a court injunction designed to prevent someone from harming, threatening, or harassing you. The term ‘molestation’ covers a range of harmful behaviours, including:

• Physical violence or threats
• Intimidation or coercion
• Harassment or pestering
• Any deliberate conduct that seriously impacts your safety and wellbeing

If the court determines the behaviour is severe enough, it can issue an order to stop the abuse.

Who Can Apply?

You may be eligible for a Non-Molestation Order if the person harming you is:

• A current or former spouse/civil partner
• A family member
• Someone you live with (or have lived with)
• In a close personal relationship with you

How to Apply

Applying for a Non-Molestation Order involves:

1. Seeking legal advice– We can help prepare your application, statement and compile all evidence (if any).
2. Completing court forms– You’ll need to provide details of the abuse.
3. Attending a hearing– The court will decide whether to grant the order.

In urgent cases, the court can issue an order without notifying the other party first. But the Court will aim to list an on notice hearing quickly for the respondent to respond to the allegations.

When can you apply for a Non-Molestation Order?

In an emergency or if you're in immediate danger, always call the police. While the police can provide urgent protection, there are situations where further legal action is needed to stop persistent abuse or harassment.

You May Need a Non-Molestation Order If:

✔ Recent threats, violence, or abuse have occurred
✔ Police involvement hasn’t stopped the behaviour
✔ No criminal charges have been brought against the perpetrator
✔ Bail conditions have expired or aren’t strong enough to keep you safe

The court requires evidence of recent incidents or an ongoing pattern of abuse to grant an order. You’ll need to demonstrate that legal protection is necessary for your safety—or your children’s.

How strict are the requirements?

Courts apply strict criteria before granting a Non-Molestation Order. As affirmed in DS v AC [2023]:

• Personal distress alone is not enough as there must be behaviour justifying legal intervention.
• Objective evidence of recent or ongoing risk is needed.
• Applications made “without notice” (emergency basis) are granted only in exceptional circumstances where immediate risk is clear.

How to Apply for a Non-Molestation Order

Emergency Applications ("Without Notice")

In urgent cases where there's immediate risk, you can apply for an emergency "without notice" order. This means:

• The abuser (Respondent) won't be told about your application beforehand
• A judge can grant protection quickly if they believe you're in danger

The Application Process

Step 1: Submit Your Evidence

You'll need to provide:

• A detailed witness statement describing the abuse
• Any supporting evidence (texts, emails, police reports, medical records)

Step 2: Judge's Decision

 

• A judge reviews your application the same day in urgent cases
• They may grant an interim order for immediate protection

Step 3: Serving the Order

 

• If granted, the court arranges for the Respondent to be personally served with the order
• The order becomes legally binding once served

Step 4: Return Hearing

 

• A follow-up hearing (usually within 7-14 days) gives the Respondent a chance to respond
• The court then decides whether to extend the order (typically 6-12 months)

Enforcement

• We will notify the police of the interim order
• If the Respondent breaches it, they can be arrested immediately and face criminal charges.

What restrictions can be included in the order?

Each order is tailored to the specific situation, but common restrictions include:

• No direct or indirect contact with you (including via social media or third parties)
• Prohibition from attending your home or workplace
• An order not to harass, threaten, intimidate or abuse you in any way or instruct anyone else to do so on their behalf.

If there are significant risk to the children, the court may include them in the order.

Can Non-Molestation Orders be challenged?

Yes, the respondent has the right to challenge the order at the return hearing. The court will review all evidence from both sides before deciding whether to continue, vary, or discharge the order, and for how long it should remain in place. Usually the Court would grant an order for a period of one year or until the matter is heard at a final hearing if it is contested.

Bail Conditions vs Non-Molestation Orders: Do you still need one?

If police bail conditions are already in place after a defendant’s arrest (e.g., restrictions on contact), courts may refuse to issue a Non-Molestation Order unless you show bail is inadequate or expiring.